JUNE 25 (legislative day, JUNE 6), 1975.-Ordered to be printed

Mr. EAGLETON, from the Committee on Labor and Public Welfare, submitted the following

REPORT

[To accompany S. 1425]

The Committee on Labor and Public Welfare, to which was referred the bill (S. 1425) to amend the Older Americans Act of 1965 to extend the authorizations of appropriations contained in such Act, and for other purposes, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and recommends that the bill (as amended) do pass.

SUMMARY

This legislation continues for an additional two years until September 30, 1977, authorizations for programs conducted under the Older Americans Act of 1975; it creates a new program of grants to the states to establish programs of transportation, home services, and legal services to the aging; it extends authorizations for related programs for the aging under other acts; and it provides for a study of the subject of age discrimination to be conducted by the United States Commission on Civil Rights. More specifically, S. 1425 contains the following provisions:

(1) The definition of "social services" which may be made available by state and area agencies funded under Title III is expanded to include (A) legal counseling and services to older persons and (B) programs designed to maintain and improve the physical fitness of older

persons.

(2) The Commissioner on Aging is authorized to make direct grants to Indian tribal organizations for the provision of services to elderly Indians out of funds reserved from state allotments-thus bypassing the state and area agencies on aging-in instances where he finds that Indians are not receiving equivalent services (taking into account the

(1)

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amount of funds available for this purpose) and that they would be better served through services provided by a tribal organization, funded directly by AoA.

(3) The state plan requirements under Title III are amended to require that, in developing and implementing plans, states take into account the needs of low income elderly persons, and the relative distribution of older persons residing in rural and urban areas of the state.

(4) The minimum amount alloted for state administrative funding is increased from $160,000 to $200,000 and, in the future, states will be allowed to retain up to 8% of the amount by which their allotments under Titles III and VII exceed the allotments under such titles made in Fiscal Year 1974 (or in Fiscal Year 1976 for those states receiving the increased minimum allotment).

(5) Several new categories are added to the list of model projects to which the Commissioner on Aging is directed to give special consideration in alloting discretionary funds available to him under the model project authority contained in Section 308.

(6) A new program is established to give special emphasis to transportation, home services, and legal services. Grants to the states are authorized for the purpose of supporting programs in these areas. (7) Authorizations are continued for the senior center program under Title V.

(8) Authorizations for gerontological training and research are extended for two years under Title IV of the Act and new programs are authorized for training in legal services to the aging and in collegeand university-based training.

(9) Authorizations for nutrition projects for the elderly under Title VII (which were extended through Fiscal Year 1977 last year) are increased by 12% to offset the effects of inflation.

(10) Authorization for the Older Workers Community Service Employment program is continued for an additional three years (through September 30, 1978) at increased levels and with an allotment formula providing that appropriated funds first be used to continue projects operated by national organizations.

(11) Authorizations for special programs for the elderly under the Library Services and Construction Act, Adult Education Act, Higher Education Act, Community Services Act, and the Vocational Education Act are continued.

(12) The United States Commission on Civil Rights is directed to make a study of age discrimination, with a report containing its finding and recommendations to Congress and the President due within one year after funds are appropriated for the conduct of the study.

COMMITTEE AMENDMENT

The Committee amendment to the text of the bill strikes out all after the enacting clause and inserts in lieu thereof the following:

TITLE I-AMENDMENTS TO OLDER AMERICANS ACT OF 1965 TRANSMISSION OF CERTAIN RECOMMENDATIONS RELATING TO FEDERAL COUNCIL ON AGING

SEC. 101. (a) Section 205 (g) of the Older Americans Act of 1965, as amended (42 U.S.C. 3015 (g)) (hereinafter in this title referred to as the "Act") is

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amended by striking out "eighteen months after enactment of this Act," and inserting in lieu thereof "January 1, 1976,".

...(b) Section 205 (h) of the Act (42 U.S.C. 3015 (h)) is amended by striking out "eighteen months after enactment of this Act," and inserting in lieu thereof "January 1, 1976,".

APPLICATION OF OTHER LAWS

SEC. 102. Title II of the Act (42 U.S.C. 3011 et seq.) is amended by adding at the end thereof the following new section:

"APPLICATION OF OTHER LAWS

"SEC. 211. The provisions and requirements of the Act of December 5, 1974 (Public Law 93-510; 88 Stat. 1604) shall not apply to the administration of the provisions of this Act or to the administration of any program or activity under this Act.". DEFINITION OF SOCIAL SERVICES

SEC. 103. Section 302 (1) of the Act (42 U.S.C. 3022(1)) is amended

(1) in subparagraph (E) thereof, by striking out "or" at the end thereof; and

(2) by redesignating subparagraph (F) as subparagraph (H) and by inserting immediately after subparagraph (E) the following new subparagraphs:

"(F) services designed to provide legal (including tax and financial) counseling and services to older persons;

"(G) services designed to enable older persons to attain and maintain physical and mental well being through programs of regular physical activity and exercise; or".

GRANTS TO INDIAN TRIBES

SEC. 104. (a) Section 303 (b) of the Act (42 U.S.C. 3023 (b)) is amended by redesignating paragraph (3) as paragraph (4) and by inserting immediately after paragraph (2) the following new paragraph:

"(3) (A) In any State in which the Commissioner determines (after having taken into account the amount of funds available to the State agency or to an appropriate area agency on aging to carry out the purposes of this title) that the members of an Indian tribe are not receiving benefits under this title that are equivalent to benefits provided to other older persons in the State or appropriate area, and if he further determines that the members of each tribe would be better served by means of grants made directly to provide such benefits, he shall reserve from sums that would otherwise be allotted to such State under paragraph (2) not less than 100 per centum nor more than 150 per centum of an amount which bears the same ratio to the State's allotment. for the fiscal year involved as the population of all Indians aged sixty or over for whom a determination under this paragraph has been made bears to the population of all persons aged sixty or over in such State.

(B) The sums reserved by the Commissioner on the basis of his determination under this paragraph shall be granted to the tribal organization serving the individuals for whom such a determination has been made, or where there is no tribal organization, to such other entity as he determines has the capacity to provide services pursuant to this title.

(C) In order for a tribal organization or other entity to be eligible for a grant for a fiscal year under this paragraph, it shall submit to the Commissioner a plan for such fiscal year which meets such criteria as the Commissioner may prescribe by regulation and which meets criteria established by section 305(a), to the extent the Commissioner determines such criteria to be appropriate.

"(D Recipients of grants under this paragraph may retain for administrative purposes an amount equal to the amount available for the cost of the administration of area plans under section 303 (e) (1).”.

(b) Section 102 of the Act (42 U.S.C. 3002) is amended by adding at the end thereof the following new paragraphs:

"(4) 'Indian' means a person who is a member of an Indian tribe. "(5) 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688)) (A) which is recog

nized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) which is located on, or in proximity to, a Federal or State reservation or rancheria. "(6) "Tribal organization' means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body: Provided, That in any case where a contract is let or grant made to an organization to perform service benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.".

(c) The first sentence of section 303(b) (2) of the Act (42 U.S.C. 3023 (b) (2)) is amended by striking out "From" and inserting in lieu thereof "Subject to the provisions of paragraph (3), from",

(d) Section 303(b) (4) of the Act (42 U.S.C. 3023 (b) (4)), as so redesignated by subsection (a), is amended by inserting immediately after "States" the following: ", and the number of Indians aged sixty or over on, or in proximity to, any Federal or State reservation or rancheria.".

STATE AND AREA PLAN REQUIREMENTS

SEC. 105. (a) Section 304 (a)(1) of the Act (42 U.S.C. 3024(a)) is amended by redesignating subparagraph (E) as subparagraph (F) and by inserting im. mediately following subparagraph (D) the following new subparagraph:

"(E) in conjunction with the agency designated pursuant to section 2003 (d) (1) (C) of the Social Security Act (42 U.S.C. 1397b), and as required by section 2004(2) (II) of such Act, coordinate activities under the State plan developed pursuant to section 305 (a) with the provision of services to older Americans under part A of title XX of the Social Security Act;" (b) Section 304 (c) (4) of the Act (42 U.S.C. 3024 (c) (4)) is amended by striking out subparagraph (C) and by redesignating subparagraph (D) through subparagraph (F) as subparagraph (C) through subparagraph (E), respectively. (c) Section 304 of the Act (42 U.S.C. 3024) is amended by inserting after subsection (c) the following new subsection:

"(d) (1) Subject to regulations issued by the Secretary of Health, Education, and Welfare, an area agency on aging designated under subsection (a) or, in areas of a State where no such agency has been designated, the State agency, is authorized to enter into agreements with agencies administering programs under the Rehabilitation Act of 1973, as amended, and titles VI, XIX, and XX of the Social Security Act for the purpose of developing and implementing plans for meeting the common need for transportation services of persons receiving benefits under such Acts and older Americans participating in programs authorized by titles III and VII of this Act.

"(2) Pursuant to an agreement entered into under paragraph (1), funds appropriated under titles III and VII of this Act may be used to purchase transportation services for older persons and may be pooled with funds made available for the provision of transportation services under the Rehabilitation Act of 1973, as amended, and titles VI, XIX, and XX of the Social Security Act.".

LOW-INCOME INDIVIDUALS And Rural ELDERLY

SEC. 106. Section 305 (a) of the Act (42 U.S.C. 3024) is amended by renumbering paragraphs 6, 7, 8, and 9 as paragraphs 8, 9, 10, and 11, respectively, and inserting the following new paragraphs:

"(6) provides that the needs of low-income elderly persons will be taken into account in developing and implementing the State plan;

“(7) provides that the relative distribution of older persons residing in rural and urban areas within the State will be taken into account in developing and implementing the State plan;".

ADMINISTRATION OF STATE PLANS

SEC. 107. (a) Section 306 (b) (1) of the Act (42 U.S.C. 3026(b) (1) is amended by striking out "$160,000" in clause (A) and inserting in lieu thereof "$200,000", and by striking out "$50,000" in clause (B) and inserting in lieu thereof "$62,500".

(b) Section 306(b) of the Act is amended by redesignating paragraph (2) as paragraph (7) and by inserting immediately after paragraph (1) the following new paragraphs:

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"(2) For fiscal year 1976, and for the period beginning July 1, 1976 and ending September 30, 1976, each State agency may retain an amount equal to

"(A) the increase in the minimum amount specified in clause (A) of the first sentence of this paragraph enacted by section 107(a) of the Older Americans Amendments of 1975, or

"(B) an amount not to exceed 8 per centum of the amount by which the allotment for that State under section 303 plus the allotment for that State under section 703 (1) for that fiscal year exceeds the sum of such allotments for fiscal year 1974, but in any case an amount not to exceed $100,000, and (ii) for the period beginning July 1, 1976, and ending September 30, 1976, exceeds an amount equal to 25 per centum of such allotments for fiscal year 1974, but in any case an amount not to exceed $25,000, whichever is greater.

"(3) For fiscal year 1977 and for each succeeding fiscal year each State agency specified in clause (A) of paragraph (2) may retain an amount equal to an amount not to exceed 8 per centum of the amount by which the allotment for that State under section 303 plus the allotment for the State under section 703 for the fiscal year exceeds the sum of such allotments for fiscal year 1976, but in any case an amount not to exceed $100,000.

"(4) For fiscal year 1977 and for each succeeding fiscal year, each State agency specified in clause (B) of paragraph (2) may retain an amount equal to an amount not to exceed 8 per centum of the amount by which the allotment for that State under section 303 plus the allotment for that State under section 703 for the fiscal year exceeds the sum of such allotments for fiscal year 1974 but in any case an amount not to exceed $100,000.

"(5) Notwithstanding any other provision of this subsection, no State shall receive less than that State received under this subsection for fiscal year 1975. "(6) Amounts received under this paragraph shall be used for administration of programs under this title and title VII of this Act.".

MODEL PROJECT REQUIREMENTS

SEC. 108. Section 308(a) of the Act (42 U.S.C. 3028 (a)) is amended by striking out the word "or" at the end of paragraph (3) and inserting immediately afterparagraph (4) the following new paragraphs:

"(5) enable State agencies on aging and other public and private nonprofit organizations to assist in the promotion and development of ombudsmen services for residents of nursing homes:

"(6) meet the special needs of, and improve the delivery of services to, older Americans who are not receiving adequate services under other provisions of the Act, with emphasis on the needs of low-income, minority, Indian, and limited-English individuals, and the rural elderly;

"(7) encourage the participation of older persons in activities connected with the celebration of the American Bicentennial; or

"(8) assist older persons to remain within their communities and out of institutions and to maintain their independent living by (A) providing financial assistance for the establishment and operation of senior ambulatory care day centers (providing a planned schedule of health, therapeutic, educational, nutritional, recreational, and social services at least twenty-four hours per week, transportation arrangements at low or no cost for participants to and from the center, a hot midday meal, outreach and public information programs, and opportunities for maximum participation of senior participants and senior volunteers in the planning and operation of the center), and (B) maintaining or initiating, or providing reasonable assurances of doing so, arrangements with the agency of the State concerned which administers or supervises the administration of a State plan approved under title XIX of the Social Security Act, and with other appropriate social services agencies receiving or reimbursed through Federal financial assistance, for the payment of all or a part of the center's costs in providing services to eligible persons.".

TRANSPORTATION, HOME SERVICE, AND LEGAL COUNSELING PROJECTS SEC. 109. Section 309 of the Act (42 U.S.C. 3029) is amended to read as follows: "SEC. 309. (a) There are authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1976, $12,500,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $50,000,000 for the fiscal year ending Sep